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AKHILESH KUMAR YADAV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Akhilesh Kumar Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 165 of 2006 [2006] RD-AH 389 (6 January 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No.165 of 2006

Akhilesh Kumar Yadav .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant  Akhilesh Kumar Yadav  is involved in case crime No.975 of 2005, for the offence under Sections 302/201, I.P.C., Police Station  Kotwali, district Mau.

The report  was lodged at police Station Kotwali district Mau on 23.3.2005 about missing of the deceased (annexure-1). Thereafter the dead body  was found and a  report was lodged against unknown persons on 25.3.2005.  In the post mortem report  the cause of death is mentioned as coma and anti mortem  injuries. One contusion  swelling  and two contusion  are mentioned in the injuries.

In respect of genuineness  of the prosecution case, proposed evidence and involvement of the accused, it was argued  that the  entire  case is based  on circumstantial evidence. The evidence of last seen  is depend upon sole statement  of one Amzad Ali who had seen the deceased boarding the TATA Sumo in question. But his statement  was recorded  very late on 26.9.2005 i.e. after about 2 months of the statement recorded  by the concerned police officer on 27.7.2005 before whom the accused Arshad who has made confessional statement. It was emphasized  that such confessional statement  has no value. It was also pointed out  that the rejection order mentioned about  the identification of the accused  and the police station which has also not significance. In this case  no specific  motive has come forward as to how  the deceased  was killed.

The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

   In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments, advanced on behalf of the applicants in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

Dt. 6.1.2006.

Rkb.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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